Licenciamento ambiental à luz da Lei Complementar nº 140/2011

• Autor(a) principal: Geraldo, Nathalia Ribeiro de Carvalho
• Data de Publicação: 2017
• Tipo de documento: Trabalho de conclusão de curso
• Idioma: por
• Título da fonte: Biblioteca Digital de Teses e Dissertações da PUC_SP
• Texto Completo: https://repositorio.pucsp.br/jspui/handle/handle/35198
• topic: CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO::DIREITOS ESPECIAIS; Meio ambiente; Desenvolvimento sustentável; Licenciamento ambiental; Constituição Federal; Competência; Environment; Sustainable development; Environmental licenses; Federal Constitution; Competence

This paper presents the benefits of the Brazilian legal resources (bills, acts, regulations, etc.) for environmental protection, focusing on the concession of licenses to developers and to any other activities bearing the potential to harm environmental sustainability. Since the 1988 Federal Constitution, the environment has been considered an asset of common use of the People and essential to a healthy quality of life. This way, it is a duty of the Public Authorities and society to protect the environment and make sure it will be remain protected for present and future generations. The environment has been treated as a collective asset that must be protected to guarantee sustainable development. In this sense, the environmental protection as a duty of the Public Authorities must be effected by actions of not only repressive character, but mainly of preventive nature to mitigate potentially harmful effects of economic and social development. Among the many measures set forth by the National Environmental Policy Act and by environmental legislation all over the world, the granting of environmental licenses rises as one of the most relevant tools in the pursue of sustainable development. Such is its importance that the Federal Constitution, article 23, has bestowed all members of the Federation (states and municipalities) the competence to decide on all matters concerning such permissions. Besides the constitutional ruling, other laws must be enforced: Resolution CONAMA no. 237/97 and, especially, Complementary Law no. 140/2011, which set forth the regulation for enforcement of article 23 of the Federal Constitution, and which seeks to establish the scope of the competence of the Federation's entities in relation to the concession of environmental licenses